Our economy has become extremely product driven. We can order items with the click of a button and can have them delivered within 24 hours to our homes. This is a new wave of commerce that has been growing over the last decade. However, with the increased amount of products that are shipped each day to consumers runs the added risk of defective products entering the stream of commerce. Any product defects can have a devastating impact on the end consumer, resulting in severe injuries and even death. If you or a loved one have been injured by a defective product, you may be entitled to receive compensation for your injuries.
Product Liability Claims
Product liability claims cover a wide range of recovery options and depend largely on the type of product defect, the resulting injury, and when the defect occurred during production. It therefore takes a specific type of attorney to bring a product liability claim against a negligent manufacturer or retailer. The claim must directly point to the time during the manufacturing process when the defect occurred and must have enough evidence to back this claim. An experienced product liability attorney will understand the manufacturing process for the specific product and will assist you in filing a claim that correctly pinpoints the moment during the manufacturing when the defect occurred.
Product liability claims often rely on three separate theories of recovery: negligence, strict liability, and breach of warranty. Negligence often rests with the manufacturer and points to an error during the manufacturing process whereby the product was negligently constructed or tested. In a negligence theory of recovery, the product should never have made it out of the warehouse in that condition, and only made it to the end user due to the company’s negligence.
Strict product liability claims must be able to prove the following:
- The product was defective;
- The defect existed prior to the purchase of the product; and
- If not for the defect, the victim would not have received an injury.
All three parts of this test must be met in order for a victim to bring a strict liability claim.
A breach of warranty claim is often brought under the theory of contract law. Many products now have a warranty which protects users from a defective product within a set time period. During instances where a defective product led to an injury, a victim may be able to follow this route if they find it to be simpler than pursuing a strict liability or negligence claim.
Malley Law Firm | Houston Product Liability Lawyer
If you or a loved one have been injured as the result of a defective product, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in assisting clients with their product liability claims against a negligent manufacturer. You should not be held financially responsible for injuries stemming from someone else’s mistake. Contact our Beaumont or Houston offices today for your initial free consultation.